What is the Senate filibuster, and how does it work? Let’s examine this issue. The Senate was meant to be a deliberative body, using debate and persuasion to come to a decision that benefits We the People. But now, it is merely a clash of partisans. In a sense, some say we have lost our Republic because we no longer use the art of persuasive debate to convince others. Instead, Senators merely go along with a certain agenda proposed by the partisan in charge. The interests of We the People no longer have primary status.
History and Origins of the Filibuster
On the other hand, the filibuster makes for good theater. It used to be fun to watch a Senator make their case while standing on their feet for hours with no bathroom break and no one allowed to take their place. After many hours, they might read from a phone book, Dr. Seuss, or the public notices page of the newspaper, all to block or delay legislation by extending debate. The typical use of the filibuster has been to “talk forever” or file a cloture motion, which requires 60 votes to end debate.
The term “filibuster” comes from a Dutch word meaning “pirate”. It became popular in the 1800s when it was used to prevent a vote on a bill by holding the Senate floor. Early 19th-century Senate rules allowed unlimited debate, but eventually the filibuster became a formal procedural tool. In today’s “silent filibuster,”no talking is needed. Just refuse to vote for cloture (60 votes are needed), and the silent filibuster blocks the passage of the bill at hand.
Not in the Constitution
However, it may surprise you to learn that the U.S. Constitution makes no mention of the filibuster; it was developed by tradition and Senate rules, not by law. The filibuster may be good theater or a good tactic, but it is not in the Constitution.
Why Some Want to Keep the Filibuster
-It protects the minority from a simple majority vote.
-It forces the majority to strike a compromise with the minority.
-It allows time for debate in a deliberative body like the Senate.
Why Others want to Eliminate the Filibuster
-Senators can stall important bills by using the filibuster.
-A small group of Senators can block the will of We the People.
-The filibuster was never meant for the highly partisan environment of the modern-day Senate. It was meant for a deliberative body that debates the merits of a bill, not negotiating partisan power plays.
How the Filibuster Applies to You
How does the filibuster in today’s highly charged partisan environment affect potential legislation that is important to you? How would you suggest balancing the rights of minority opinions with effective governance?
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